In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No. 434 / 2009 . 1) Mithilesh Kumar, Flat No.206, Sundram Complex, 97/1, Chandi Ghosh Road, Tollygunge, Kolkata-40. ---------- Complainant ---Versus--- 1) Calcutta Medical Research Institute (CMRI), 7/2, Diamond Harbour Road, P.S. Alipore, Kolkata-27. ---------- Opposite Party Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Smt. Sharmi Basu, Member Order No. 31 Dated 28-03-2013. The case of the complainant in short is that on 15.1.06 complainant met on road accident and suffered injury on his left leg with some minor injuries elsewhere, thereafter he got medical treatment at o.p. hospital and there complainant underwent the several operations. Even after several operations have been made to the complainant but he still is not fit and in o.p. hospital the complainant had to pay Rs.9,31,337/-. Complainant was kept in false assurance that after some times all the injuries will be recovered as they have given in all good treatment which he was not able to get in any other institution. Due to negligence of the doctor of o.p. hospital the complainant has suffered irreparable loss and injury he is not able to lead his future normal life as during the last operation by the doctor Dr. Anupam Golash neglected of feeling of the complainant’s left foot in wrong and/or opposite direction as due to the same the complainant his unable to walk properly and he is unable to work as a normal person and feeling very much difficulties in working 15 to 20 feet even and due to same even after the complainant’s parent tried their level best to give marriage of the complainant but due to amputed leg of the complainant they are become unsuccessful. Complainant incurred a valuable amount more of than Rs.9 lakhs on assurance be paid by the doctor of the said institution that they have got in entire facilities for the said treatment and after the treatment the complainant willfully recover from his injuries and due to such assurance the complainant did not give any visit to any other institutions and fully relied upon the aforesaid assurance but since even after repeated visit when the doctor concern of the said institution did not give any ear to the problem being averted by the complainant. Complainant also forwarded a legal notice of Advocate Raja Tarafdar dt.4.2.08 and Advocate Krishna Kr. Das dt.5.5.09 for illegal demand and negligent act of the doctors for which no reply has been received. Complainant came to learn from the other doctors that due to several operations and feeling the left leg on wrong side his leg ampute and not for the other reason, the complainant treated their for 35 days but unfortunately due to the negligencies of the doctor he was not able to fully recover from his injury and as such, there is deficiency in service of Dr. Anupam Golash and the o.p. hospital. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.p. in the course of argument submitted that complainant has got no cause of action to file the instant case nor the concerned doctor has been made party to this case and the instant case is liable to be dismissed. Decision with reasons: We have gone through the pleadings of the parties, evidence and documents in particular and we find that on 15.1.06 complainant met with a road accident and suffered injury on his left leg and other injuries and he got treatment in o.p. hospital wherein complainant had to undergo several operations and despite those operations complainant is still unfit and complainant had to incur Rs.9,31,337/- as cost of his treatment to o.p. Further we find from the record that complainant had been to o.p. several times for his full recovery, but no effort was given by o.p. hospital or the doctors of concerned o.p. hospital and complainant was given false assurance that he will be cured fully shortly and it is the specific case of the complainant as we come to find from the record that owing to the lapse of o.p. and their doctor complainant has suffered a lot and had not complainant would have been assured of good treatment by o.p. hospital he may go to other institutions like Apollo Hospital, Kothari Hospital or other institutions for his better treatment. There is nothing on record that Dr. Anupam Golash is a consulting physician and materials on record suggests that Dr. Golash is the doctor of the o.p. hospital. It has been specifically alleged by complainant that it is o.p. hospital and their doctor Anupam Golash are responsible for such ill treatment and his suffering for amputation of his left leg. In view of the findings above and on perusal of the entire materials on record we find that the attending doctors of o.p. hospital and o.p. are responsible for their negligence act and for that complainant is still unable to resume his normal duties and o.p. hospital cannot shirk off its responsibility and materials on record goes to show that complainant paid Rs.9,31,37/-, but without any fruitful result for his treatment and we find that o.p. is solely responsible for such act of deficiency provided by o.p. and its doctors and are liable to compensate the complainant for his tremendous sufferings. Hence, ordered, That the case is allowed on contest with cost against the o.p. O.p. is directed to pay of Rs.9,31,337/- (Rupees nine lakhs thirty one thousand three hundred thirty seven) only for the entire medical expenses borne by him and is further directed to pay compensation of Rs.3,00,000/- (Rupees three lakhs) only for the harassment and mental agony as well as having sufferings and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
